USA, et al v. State of Washington, et al

Filing 21405

ORDER granting 21401 Motion for appointment of mediator concerning regional salmon management plan; this matter is referred to Judge Marsha Pechman for the purpose of conducting mediation by Judge Ricardo S Martinez.(RS) cc MJP

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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UNITED STATES OF AMERICA, et al.

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Plaintiff(s),

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Case No. C70-9213RSM

v.
STATE OF WASHINGTON, et al.,

ORDER DIRECTING MEDIATION
AND APPOINTING A MEDIATOR
CONCERNING REGIONAL SALMON
MANAGEMENT PLAN

Defendant(s)

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This matter came before the Court on Motion of the United States and 18 Tribal Parties

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(“Requesting Parties”) on a request to Appoint a Mediator and Direct Mediation. Dkt. #21,401.

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The request was filed pursuant to Paragraph 25(b) of the United States v. Washington

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Permanent Injunction of March 22, 1974, as revised by the Order Modifying Paragraph 25 of

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Permanent Injunction, United States v. Washington, 18 F. Supp. 3d 1172, 1213 (W.D. Wash.

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1993), to request that the court order mediation and appoint a mediator concerning the

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development and adoption of a Regional Salmon Management Plan (RSMP). The Requesting

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Parties have requested that the Court appoint a mediator to assist the Parties in negotiations

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intended to lead to a Regional Salmon Management Plan (RSMP).

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As required by Paragraph 25, a Meet and Confer was held on November 8, 2016, at the

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Emerald Queen Casino, 5700 Pacific Highway E., Fife, Washington 98424, prior to the filing

ORDER DIRECTING MEDIATION
CONCERNING REGIONAL SALMON
MANAGEMENT PLAN - 1

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of this Request. The Court has been fully appraised of the purpose of the Meet and Confer and

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the nature of the instant request.

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Having considered the Request and the remainder of the record, the Court hereby finds
and ORDERS:

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1.

The Motion for Appointment of Mediator (Dkt. #21,401) is GRANTED.

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2.

This matter is referred to the Honorable Marsha J. Pechman, United States

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District Judge (the “Mediator”), for the purpose of conducting mediation;
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The mediation shall be conducted pursuant to Paragraph 25, of the Permanent

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Injunction in this case, United States v. Washington, 18 F. Supp. 3d 1172, 1213

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(W.D. Wash. 1993), and Local Rule 39.1(C)(3)-(7), including the confidentiality

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provisions of Local Rule 39.1(A)(6);

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4.

The Mediator shall fix a time and place for an initial mediation conference and

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all additional sessions that are reasonable and convenient for the parties, and

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shall determine with the assistance of the Requesting Parties who shall

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participate in the mediation;

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5.

Once the mediation has concluded, the Mediator shall provide a status report to

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the Court stating when the mediation occurred and whether the case is resolved;

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and

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6.

The Clerk SHALL provide a copy of this Order to Judge Pechman.

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DATED this 24th day of February 2017.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER DIRECTING MEDIATION
CONCERNING REGIONAL SALMON
MANAGEMENT PLAN - 2